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COPING WITH AWORKPLACE DEATH


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DISCLAIMER

The details contained in this booklet have been prepared with due care and are believed

to be correct at the time of publication. This booklet provides general information about

the processes surrounding the investigation of a workplace fatality. This publication does not

represent a comprehensive statement of the law as it applies to particular situations orto individuals nor is it a substitute for legal advice.

Parts of this material are reproduced with the permission of WorkCover New South Wales

and the Commission for Occupational Safety and Health, Western Australia.


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1

TABLE OF CONTENTS

Foreword 2

The Role of Investigating Agencies: 3

SafeWork SA 3

SA Police 3

State Coroner 4

SafeWork SA Processes: 4

Investigation 4

Prosecution 5

Court Process 6

Obtaining A SafeWork SA Report 7

Coronial Inquest 9

Personal Issues to Deal With 11Where Will The Deceased Be Taken? 11

Post Mortem 11

Obtaining a Copy of the Post Mortem Report 11

Arranging The Funeral 11

Coping Emotionally 13

Grief Counselling 14

Financial Matters 14

Death Certificate 14

Wills, Grants and Probate 14

Workers Compensation 16

Key Definitions 17

Superannuation and Life Insurance 18

Money Owed by Employer 18

Urgent Bills 18

Centrelink 18

Legal Assistance 19

The Law Society 19Legal Services Commission 19

Lists of Contacts and Resources 19

Counselling 20

Support 20

On-line Information 22

Financial Support and Information 22

Wills 23

Legal Assistance 23Other Contacts 24


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COPING WITH A WORKPLACE DEATH2

FOREWORD

If you are reading this, it may well be because someone close to you has died

suddenly or unexpectedly at work. Coping with the loss of a loved one under

such circumstances is a most painful and difficult experience. As you try to

come to terms with this, you will be confronted by a range of situations anddecisions that you may find overwhelming.

In an attempt to help you through this difficult time, SafeWork SA has

compiled the following information. Some of it may apply to you and some

may not.

Because of the circumstances of your loss you may have to deal with a

number of legal, judicial and statutory authorities, such as police, the court

system and WorkCover.

The information provided in this booklet is intended to assist you to deal withsuch authorities. By understanding their roles, responsibilities and processes

we hope that you are relieved of some of the pressures confronting you.

For more information about the progress of a specific investigation, please

contact us on 8303 0400.

Michele Patterson

Executive DirectorSafeWork SA


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COPING WITH A WORKPLACE DEATH 3

THE ROLE OF INVESTIGATING AGENCIES

The role of SafeWork SA

SafeWork SA is the government agency responsible for administering all

occupational health, safety and welfare legislation in South Australia. This

includes the investigation of workplace incidents in which people have beenseriously or fatally injured. The purpose of an investigation is to:

find out exactly what happened

try to prevent it happening again

determine whether any occupational health and safety laws have been

breached.

Investigators will interview all people who may be able to assist in

understanding what occurred. These people may include eyewitnesses, other

employees and the employer. Family members may also be asked to make a

statement to assist in the investigation.

The investigation process can be complicated and can take several months (or

longer in certain circumstances) to complete. If you wish, SafeWork SA can

keep you updated about the investigation as it progresses. On completion, a

copy of the investigation report is provided to the Coroners Court. The family

(or their legal representatives) of a person fatally injured at work can apply to

SafeWork SA for a summary report. This is covered in further detail in the

section: 'Obtaining A SafeWork SA Report'.

The role of the South Australia Police

The police are called immediately after a workplace death and perform a

number of important roles such as:

notifying the next of kin

informing the Coroners Court

arranging for a family member or close friend to formally identify the

deceased

conducting an investigation to establish whether any criminal offences were

committed

inquiring if necessary into the cause of death on behalf of the Coroner, and

preparing a full report for the Coroner.

Co-operation between SafeWork SA and the police

SafeWork SA and the police work closely together and may conduct a joint

investigation. In some circumstances this may not be possible and separate enquiries

will be made. In such cases, you will be informed about the progress of the

investigations by both agencies.


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Sometimes it is important for the police and SafeWork SA to interview witnesses

separately because the information they require will be different. Confidentiality

provisions bind each department, so it is not always appropriate or possible to

share information.

The role of the State CoronerThe State Coroner is a judicial officer who:

ensures investigations and inquests into deaths, fires, accidents and the

disappearance of missing persons are properly managed

makes what are called findings about the cause of death in certain cases

decides if it is necessary to hold an inquest into the death or disappearance

of a person, a fire or an accident

conducts inquests to determine the cause or circumstances of a death,

disappearance, fire or accident.

The Coroner is appointed and the Coroners duties are conducted in accordance

with the Coroners Act 2003.

SAFEWORK SA PROCESSES

Investigation

An occupational health and safety investigation is a search for information

about an incident that uses evidence to establish:

what has occurred

how it occurred

who, if anyone, is responsible

whether it could or should have been prevented.

An investigation involves collecting evidence, including:

witness statements

photographs equipment in use

samples

objects found at the scene

documentary evidence such as safe operating procedures and training records.

An investigation may also involve the engagement of experts to examine

evidence and provide reports about their findings.

The range of possible investigation outcomes includes:

giving verbal directions (only in situations where the hazard can be controlled

while the inspector is present)


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issuing Improvement and Prohibition notices

mounting a prosecution.

Depending on the circumstances, it may be appropriate for more than one of

the above actions to be taken, or for no further action to be taken.

At the minimum, SafeWork SA undertakes a preliminary investigation of all

reported deaths that occur in or around a workplace to establish whether they

fall within the scope of the Occupational Health, Safety and Welfare Act 1986.

Some deaths, such as death by natural causes or while journeying between

work and home, do not fall within the scope of the Act and are not considered

to be work-related. In these cases, unless there is evidence that the deceaseds

work may have contributed to their death, the investigation is finalised.

The duration of an investigation depends on the complexity of the matter.

Determining the cause of an incident sometimes requires machinery ormaterials to be tested, while determining responsibility will depend on the

relationships between employers, employees, contractors, sub-contractors

and others.

The decision to prosecute

Before a prosecution begins, there must be a reasonable prospect of success.

This criterion is initially considered by SafeWork SA officers, including

investigators, managers and lawyers. If it is decided to proceed to prosecution,

the case is referred to the Crown Solicitors Office for its assessment and adviceon evidence.

The Crown Solicitors Office represents SafeWork SA in court and its lawyers

provide their opinion based on their experience in prosecuting occupational

health and safety cases. As part of this assessment, the case may be referred

back to the investigator for the collection of additional evidence before a final

determination is made.

The prospect of success is a legal consideration that depends on the facts of

the particular case as established by the evidence collected duringinvestigation. The evidence must be capable of proving that an offence under

the Occupational Health, Safety and Welfare Act 1986 (the Act) has occurred

in relation to the incident.

Because offences under the Act are criminal offences, they must be proved

beyond reasonable doubt in order to obtain a conviction. This is called the

burden of proof and is a higher burden than the balance of probabilities

applied in civil matters.

Not all matters that involve a work-related fatality will result in a prosecution.This decision is made on a case-by-case basis after carefully considering

whether a breach or breaches have occurred and whether or not they can be

proved beyond reasonable doubt.


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For more information about the decision to prosecute, refer to the

SafeWork SA Enforcement Policy, which is available by visiting

www.safework.sa.gov.au and going to About Us, or by contacting

SafeWork SA.

COURT PROCESSOffences under the Occupational Health, Safety and Welfare Act 1986 are

criminal offences and are generally heard by magistrates appointed to the

South Australian Industrial Relations Court.

Once the final decision is made to prosecute, a document called a Complaint

and Summons is filed in the Magistrates division of the Industrial Relations

Court.

The complaint is the mechanism for laying charges, and must be filed within

two years of the alleged offence occurring. The party charged with an offenceis called the defendant.

The summons is the order whereby the defendant is required to attend court

and includes the date and time of the defendants first appearance.

A defendant is unlikely to enter a plea at their first appearance and will be

required to attend every month or two until they indicate that they will enter

a plea. The court will not allow the defendant to adjourn indefinitely.

If the defendant chooses to plead guilty, each party (prosecution and defence)

will make penalty submissions to the court. One to two hours will be setaside at a later date for the Crown Solicitors Office, representing

SafeWork SA, and the defendants lawyer to each tell the Magistrate what

range they think the penalty should be in and why. The maximum penalty for

an offence is specified in the Occupational Health, Safety and Welfare Act

1986 but the Magistrate will also consider the provisions of the Criminal Law

Sentencing Act 1988 in determining a penalty. Non-monetary penalties may

also be determined as an additional or alternative sanction.

In most cases, the penalty handed down is likely to be lower than themaximum penalty. A range of considerations is taken into account in setting

the penalty; it is not the purpose of the penalty to place a value on a life.

Both parties have the right to appeal against the penalty on the grounds that

they consider it to be either manifestly inadequate or manifestly excessive.

If the defendant pleads not guilty, a trial will be held at the end of which

the Magistrate will decide whether the charges against the defendant are

proved (guilty) or not proved (not guilty). The number of days or weeks set

aside for the trial will depend on the amount of evidence to be heard. At theend of the trial, the matter will be adjourned until the Magistrate is ready to

give their decision. If the charges are proved, the matter is adjourned for


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penalty submissions at a later date. If the charges are not proved, the

defendant is acquitted.

The parties have the right to appeal the finding as to guilt and/or the size of

the penalty. Appeals in relation to these matters are initially heard before a

Judge in the Industrial Relations Court.

This is a simplified explanation of what may take place during prosecution.

Variations to the process may occur, such as:

more than one defendant is charged

a defendant pleads guilty to some charges and not guilty to others

trial hearing days occur in more than one block

a disputed facts hearing is held

an application is made to have the complaint withdrawn.

The time taken by the court process will depend on how long it takes the

defendant to decide on their plea, what the plea is, the duration of any

proceedings and adjournments, and any other hearings that may occur. The

shortest recent example was four months from filing the complaint to a guilty

plea and conviction, while the longest recent example was around two and a

half years from filing the complaint to a guilty finding at trial, which was then

appealed by the defendant.

If you wish to be updated about the progress of an investigation orprosecution, you should advise the investigating inspector.

Obtaining a SafeWork SA Report

SafeWork SA will make every attempt to provide the family of a person fatally

injured at work with all legally available information obtained by the

investigation in a timely manner. It is important, however, that you are aware

of several legal and practical limitations affecting what can be released

and when.

LimitationsConfidentiality provisions of the Occupational Health, Safety and Welfare Act

1986 and other safety related legislation limit the amount and type of

information about an investigation that can be released. Practical

complications can also arise when the person making the request is not

clearly identifiable as a family member, or where the family is estranged and

members object to the release of information to each other.

If SafeWork SA or another regulatory body is considering prosecution, access

to many documents will be delayed until all criminal proceedings and appealsare completed. Release of certain documents may prejudice court

proceedings, potentially causing the case to be lost.


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In these cases, SafeWork SA will release what it can when your request is

received, while other documents may be released once the legal process is

completed. It is important to note that prosecution may take a number of

years, and you may wish to withhold your request until that time.

Accessing a Summary of FactsThe family of a person fatally injured at work or their legal representative can

write to SafeWork SA and request a summary report of the facts established

by the investigating inspector. The summary will be provided on completion of

the investigation and, if the matter is to be prosecuted, at the end of all

criminal proceedings and appeals.

Freedom of Information Act 1991

If you wish to obtain further information about the investigation findings or

particular documents obtained during the investigation, you can request the

information under the Freedom of Information Act 1991. Anyone can apply

for information under this Act.

The Freedom of Information Actgives you a legally enforceable right of access

(subject to certain restrictions) to documents within the possession of

South Australian Government agencies, local government authorities and

South Australian universities. The purpose of Freedom of Information (FOI) is

to make the business of government open and accountable to all.

The fees and charges for making and processing an FOI application are listed

on the application form, available by calling SafeWork SA or by visiting

www.archives.sa.gov.au/foi/forms. All fees will be waived if you can prove you

hold a concession card or are otherwise financially disadvantaged.

SafeWork SA has 30 days in which to process your application once it is

received. This does not mean that all documents will be provided within

30 days as the limitations on releasing documents subject to criminal

proceedings apply.

While the FOI legislation aims to provide access rather than prevent it, it does

provide for the exemption of certain documents from release. Exemptions that

tend to apply to SafeWork SA investigations would exclude:

documents affecting law enforcement and public safety, where release

would prejudice the fair trial of a person or the impartial adjudication

of a case;

documents containing personal information, including for example,

allegations of criminal or other improper conduct that have not been

proven by judicial process;

documents created for the dominant purpose of obtaining or giving legal

advice or use in litigation; and


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documents that are the subject of confidentiality provisions such as s55 of

the Occupational Health, Safety and Welfare Act 1986 and s9 of the

Dangerous Substances Act 1979.

The most common examples of documents exempt from release are where

SafeWork SA is considering prosecution activity in relation to the incident andthe release of such information could potentially prejudice such activity. Under

these circumstances, the documents will not be released until the completion

of the legal proceedings.

If a document is deemed to be exempt from release, SafeWork SA may be

required to deny you access to all or part of that document. If access is

refused, you will be informed of the reasons and advised of your appeal

rights.

For information about accessing documents under the Freedom ofInformation Act, contact SafeWork SA and ask for the FOI Officer.

CORONIAL INQUEST

An inquest is a court hearing in which the Coroners Court gathers

information to assist in determining the cause and circumstances of death

and, if appropriate, to make recommendations that may prevent similar

deaths occurring in the future.

The Coroners Court will call witnesses to give evidence. However under the

Coroner's Act, if there are criminal proceedings, a coronial inquriy may not becompleted until such legal proceedings are finalised.

An inquest is not a trial and it is not the Coroners role to establish whether a

crime has been committed or to find a person guilty of that crime. It is an

investigative process to identify the cause and circumstances of a death.

As such, the Coroner is not bound by laws of evidence. However under the

Coroner's Act, if there are criminal proceedings, a coronial inquiry may not be

completed until such legal proceedings are finalised.

Few deaths reported to the State Coroners Office become the subject of aninquest. However, the State Coroner may decide to hold an inquest if he or

she believes the cause or circumstances of death are a matter of substantial

public importance. Section 21 of the Coroners Act 2003 prescribes when an

inquest must be conducted.

A relative or person whom the State Coroner decides has a sufficient interest

in the matter may request an inquest. The request must be made in writing to

the State Coroner and state the reasons for the request. The State Coroner

will consider those reasons when deciding whether or not to hold an inquestand the next of kin will be informed of the decision.


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If it is decided to hold an inquest, the next of kin listed by the State Coroner's

Court will be advised in writing of the time and place of the hearing. After

the inquest is completed, a copy of the Coroners findings and any

recommendations will be sent to the next of kin.

Usually any person may attend and listen to the court proceedings. In certain

circumstances, the Coroner may exclude attendance by individuals or the

public generally, or prohibit the publication of evidence.

Next of kin are not required to attend an inquest unless they are called as

witnesses.

Attending an inquest can be unnerving or even traumatic for families, both

because of the content of the evidence and by being unfamiliar with

courtroom processes. Next of kin may choose to be represented by a lawyer

but it is not essential.

If you are asked to give evidence at an inquest, you can find out what you

need to do from staff at the Coroners Court.


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PERSONAL ISSUES TO DEAL WITH

WHERE WILL THE DECEASED BE TAKEN?

Depending on the circumstances, the deceased may be admitted to the

Forensic Science South Australia Mortuary, transferred directly to a funeral

home, or if the death occurred in a hospital, may temporarily remain in thehospital mortuary.

POST-MORTEM

A post-mortem examination, also known as an autopsy, is a step-by-step

examination of the outside of the body and of the internal organs by a doctor

known as a pathologist. It is conducted without unnecessary delay, usually

within 48 hours of the death, to enable the body to be released to the

deceaseds family as quickly as possible.

Should your religious beliefs make it necessary for the body to be releasedsooner, please contact the Coroners Office.

In most coronial cases a post-mortem is required to determine the precise

cause of death.

However on some occasions the State Coroner can determine the cause of

death from the person's medical history and the police report on the

circumstances surrounding the death.

The State Coroner should be advised immediately in writing of any objection

to a post-mortem being conducted so that it can be delayed while the objectionis considered. Because the State Coroner has to bring down a finding as to

the specific cause of death, it is their decision as to whether a post-mortem is

conducted but objections raised by next of kin will be seriously considered.

Obtaining a copy of the post-mortem report

A copy of the post-mortem report may be made available to a next of kin

through a nominated doctor who can explain the contents. If other special

reports are prepared these can also be made available.

If you are a next of kin and wish to receive a copy of the report, write to the

Manager, State Coroners Office, 302 King William Street, Adelaide South

Australia 5000. The letter should state your name, your relationship to the

deceased and the name and address of the doctor to whom you would like

the report sent.

ARRANGING THE FUNERAL

Arranging a funeral can mean making many decisions at a very difficult and

emotional time.

A funeral director should be approached as soon as possible. They will liaise with

the Coroners Court about the release of the deceased, which cannot happen

until the post-mortem is complete and the body has been formally identified.


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Funeral directors are there to offer help and guidance during one of life's

most difficult times. To ensure the funeral arrangements reflect your needs:

do not be reluctant to ask any questions

be sure to discuss all the available financial options before making

a decision

select a funeral director that is licensed and has a good reputation in the

community. The Australian Funeral Directors Association (AFDA) has a

listing of funeral directors with AFDA membership (www.afda.org.au).

The Yellow Pages also has a listing of funeral directors in your area

plan a personalised ceremony or service to help you begin the healing

process. Getting through grief is never easy but having a meaningful

funeral or tribute will help

discuss with the funeral director or minister of religion their role in the

service to ensure you understand what you need to arrange.

Other tasks that need to be performed may include:

consulting the will of the deceased for any unique funeral arrangements

to be made

informing relevant people as quickly as possible, including relatives and

friends, insurance company, doctor(s), the cemetery or memorial park

(if one was specified in the will), any organisations, clubs, or unions towhich the deceased may have belonged

organising the funeral service e.g. location, type of service, casket or urn,

flowers, music, cars, eulogy and pallbearers

providing relevant information (e.g. surviving family members, location of

services, etc.) for newspaper notices.

Returned service personnel may be entitled to an official war grave. If you

think this may be the case, contact the Commonwealth Department of

Veterans Affairs on 133 254 or visit www.dva.gov.au.

Websites such as www.funeraldirectory.com.au also give options for planning

a funeral.

Paying for the funeral

Some people make a provision in their will for the payment of funeral costs.

Some health funds, trade unions and other associations and clubs may

provide a funeral benefit for members. Check whether these provisions are

available to you.


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If you are suffering financial hardship, you may be eligible for the Families SA

Funeral Assistance Program, which provides financial assistance for a basic

funeral telephone 1300 762 577.

The funeral director may ask for a deposit to be paid before the funeral, and

for the balance to be paid by an agreed date. Ensure you check the terms and

conditions for payment of the funeral before you commit to them.

If a workers compensation claim is accepted, a funeral benefit may be

payable.

HOW YOU CAN COPE EMOTIONALLY

The loss of a loved one in a work-related death is likely to be one of the most

difficult experiences you will go through. Initially you may feel total shock and

think this isnt real or it cant be true.

The realities of your own future and that of your family may be a majorconcern.

There is no single, easy way of dealing with such a loss, but the tips below

may be helpful during the early days following your loved ones death.

Choose someone to help with the practical matters, such as arranging the

funeral, and dealing with other immediate issues such as finances,

contacting friends and family, liaising with police, etc

Be around as many good friends and family as possible. Keeping your

support network close by is crucial at this time

Get as much sleep as you can. Although this may be difficult, having

adequate rest will help you cope emotionally

Although you may not feel like eating, it is important to continue

regularly eating nutritious food

Friends and relatives may ask if they can do anything to help. Although

you may feel concerned about imposing on them, taking up an offer of a

cooked meal, child minding or help with the housework may give youextra time to make arrangements

For major decisions it may be useful to consult a family member or trusted

person. Grief can affect concentration, memory and emotion and you may

not be in the best state to make important decisions

Relatives and friends may offer advice about how you should be grieving.

Although some advice may be valuable, remember that everyones

experience of grief is different. Try to take on advice that is of use to you

and leave behind the advice that is well-meaning but unhelpful.


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Grief counselling

Counselling or contact with a healthcare professional can be helpful in the

early days and in the future. You may wish to see a supportive medical

practitioner, a counsellor or contact a group such as Voice of Industrial Death

(VOID), a South Australian support and advocacy group for people grieving as

a result of workplace death. It can be helpful to talk to someone outside your

immediate family who has experience in assisting people in similar situations.

Counselling is often deemed a reasonable medical expense and may be

covered in a workers compensation claim. You may be entitled to access

counselling through an Employee Assistance Program, a union or a

professional association. Grief is a normal healing process that occurs when

we go through loss in our lives.

Counselling can help you to:

talk about your loss

understand the stages of grief and what you are feeling

find ways to cope in the weeks and months after the loss

obtain the support you need

deal with symptoms, such as appetite or sleep disturbance, isolating

yourself or difficulty with day-to-day life

find ways to remember your loved one and move towards the future.FINANCIAL MATTERS

Death Certificate

You may find that it is difficult to work out any financial matters until you

have received a Death Certificate. The release of a Death Certificate may take

some time, though it is possible to request an interim Death Certificate. Once

the Coroner has established a cause of death, the death will be formally

registered with Births, Deaths and Marriages. You will need to contact Births,

Deaths and Marriages on (08) 8204 9599 to arrange a Death Certificate.A copy will need to be sent to the claims manager as part of any claim for

workers compensation.

Wills, grants and probate

A will is an important document that enables a person to exercise their legal

rights of directing to whom and in what manner their assets should be

distributed upon their death and to appoint someone to look after their

affairs. When there is no will or no valid will, the estate may not be divided

according to the wishes of the deceased because legislation sets out how it

will be distributed.


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The executor/s are the nominated person/s in a will responsible for the entire

administration of an estate and distribution of assets to beneficiaries.

An executor needs to go through the process of officially proving the validity

of the will, known as obtaining probate.

The Supreme Court of South Australia has exclusive jurisdiction in

South Australia to make orders in relation to the:

validity of the will of a deceased person

appointment of an executor or an administrator

administration of a deceased estate.

The Probate Registry is the registry of the court that deals with applications

for grants of probate or administration and other related matters. The registry

keeps a record of probates and administration granted by the court. The

Supreme Court has more information about probates and the Probate

Registry, and can be contacted on (08) 8204 0476.

A Grant of Representation is a certificate issued under seal by the court

appointing an administrator, or authenticating the right of an executor to

administer the estate of a deceased person and vesting title to assets in the

executor or administrator. The Supreme Court website

(www.courts.sa.gov.au/courts/supreme/) provides information on:

why and when a grant is needed

how to make an application for a grant

how to search for grants on the Probate Registry.

If a person dies without making a will, or their will is not valid, then the

person is said to have died intestate. This means the person has no say as to

what happens to their property. It is more difficult and expensive for the

beneficiaries to administer the person's estate if they have died without a

valid will.

If you are deemed to be in a de facto relationship under the FamilyRelationships Act 1975you must apply for an order in the civil jurisdiction of

the Supreme Court, which recognises you as a putative (or de facto) spouse.

Recognition as a putative spouse provides the same rights as a spouse.

Generally, if a person has a child from the relationship with the deceased or

has lived the last five out of six years with them, the order recognising a

person as a putative spouse will be granted.


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The validity of a will can be questioned for a number of reasons, such as:

the person who made the will did not have the testamentary capacity to

make a will at the time it was signed

the person was unduly influenced by another person in the making

of the will

parts of the will were changed after it was signed.

The will of any person can be challenged or contested after their death,

although only those people who are defined in the Inheritance (Family

Provision) Act 1972 are eligible to make a claim against a will.

An application must be made within six months of the death of the person.

One way to proceed with this is to ask a legal practitioner to make an

application on your behalf.

Workers Compensation

SafeWork SA and WorkCover are separate organisations with different

responsibilities. WorkCover is a statutory authority and has responsibility for

administration of the Workers Rehabilitation and Compensation Act 1986.

As such, WorkCover is responsible for issues relating to workers

compensation.

A range of issues must be considered for WorkCover to determine a workers

compensation claim. A death occurring at work is not always compensable.

For a claim to be accepted by WorkCover:

the deceased must have been a worker (as defined in section three of the

Workers Rehabilitation and Compensation Act 1986)

the disability that caused death must have been employment-related (that

is, it arose out of, or in the course of employment)

the disability must have been compensable

the territorial conditions set out in the Workers Rehabilitation andCompensation Act 1986 must be met.

Please note that under the Workers Rehabilitation and Compensation Act

1986, disability means physical or mental injury or death. Please see section

three of the Act for more information.

The only sure way to test compensability is to lodge a claim. Workers

compensation claim forms are available from employers, major post offices,

WorkCover at 100 Waymouth Street, Adelaide, or online at

www.workcover.com. You can also contact WorkCover on 13 18 55 to startthe claims process over the telephone.


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WorkCovers claims agent, Employers Mutual, manages workers

compensation claims. If Employers Mutual decides the death is compensable,

a range of benefits may be payable depending on the circumstances. These

may include a funeral benefit, a lump sum to a surviving spouse and

dependent children, and weekly payments to a dependent spouse and

dependent children. Counselling is often deemed a reasonable medical

expense and may be covered in a compensation claim.

In some circumstances, Employers Mutual may determine a dependent relative

other than a spouse or child is entitled to a lump sum or weekly payments.

Definitions you should be aware of

You need to be aware of definitions under the Workers Rehabilitation and

Compensation Act 1986. Please note that each definition below in italics with

an explanation following is as it appears in the legislation.

Child, in relation to a deceased worker, includes a person in relation to whom

the worker stood, at the date of death in loco parentis (meaning in the place

of a parent).

This refers to someone parented by the deceased person. A child who is

dependent on a deceased worker is not necessarily precluded from

compensation on the basis that he or she is not the workers natural child.

A guardian may be considered to be a parent of the child for the purposes of

the Workers Rehabilitation and Compensation Act 1986.

Dependant, in relation to a deceased worker, means a relative of the worker

who, at the time of the workers death:

a) was wholly or partially dependent for the ordinary necessities of life on

earnings of the worker, or

b) would, but for the workers disability, have been so dependent, and

includes a posthumous child of the worker.

This refers to a relative who relied on the deceased person to financially

support them.

Spouse, in relation to a worker, includes a person who is cohabiting with the

worker as the de facto husband or wife of the worker if:

(a) (i) the person has been so cohabiting with the worker continuously for

the preceding period of five years, or

(ii) the person has during the preceding period of six years cohabitated

with the worker for periods aggregating not less than five years, or


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(iii) although neither subparagraph (i) nor (ii) applies, the person has

been cohabiting with the worker for a substantial part of a period

referred to in either of those subparagraphs and the Corporation

considers that it is fair and reasonable that the person be regarded

as the spouse of the worker for the purposes of this Act, or

(b) a child, of whom the worker and the person are the parents, has

been born (whether or not the child is still living).

For further information on how to make a claim, please contact Employers

Mutual on 1300 365 105 or WorkCover for general information on 13 18 55.

You may also benefit from legal advice from a lawyer who deals with workers

compensation. There are free and low cost advice services available through

the Law Society of South Australia, as well as a list of all lawyers who practise

in workers compensation. You can call the Law Society on 8229 0222.

Superannuation and life insurance

Superannuation contributions will have usually been paid into a fund by the

employer. There may also be funds from previous employment that have been

forgotten about. To find out about:

current superannuation, contact the employer or union

contributions paid by previous employers, contact the Australian Taxation

Office Lost Members Register by calling 131 020.

One or more life insurance policies may also have been held by your deceased

relative or partner. You will need to find policy documents in order to enquire

further. Some superannuation funds also include life insurance, so it is worth

checking that with the fund.

Money owed by employer

Your deceased relative or partners employer may owe holiday or long service

pay or other entitlements. Contact the employer, or SafeWork SAs Help

Centre on 1300 365 255, for information about entitlements.

Urgent bills

It is sometimes possible in urgent situations to postpone regular payments like

home and other loans or direct debits. Contact your financial institution or

credit service provider to see if this can be arranged.

If there is a mortgage on your house, ask the lending institution whether

payments are covered by insurance or whether you can renegotiate the loan.



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Centrelink

You may be entitled to certain benefits. Contact Centrelink for information

about any entitlements available to you. The numbers are available in the

Contacts and Resources list of this booklet.

LEGAL ASSISTANCEThe Law Society and the Legal Services Commission provide advisory services

that can assist with basic legal questions free or at low cost. The commission

also provides legal aid in certain circumstances.

The Law Society

Appointments are available each Monday, Wednesday and Thursday between

5.30pm and 7.00pm. A twenty-minute interview with a solicitor costs $22

(or $10 for pension or concession card holders).

Appointments can be made by calling the Law Society on (08) 8229 0222.

Legal Services Commission

Free legal advice is available to any person on most legal matters from the

Legal Services Commission. The role of the legal adviser is to identify the

client's problem, to inform the client of their rights and obligations and to

help them understand what course(s) of action can be taken. The adviser

may also draft letters for clients and where appropriate, write letters on

their behalf.

The commission offers an outreach advice service to a number of country

centres including Murray Bridge and Port Augusta. If you live in an area not

serviced by the Country Outreach Program, phone 1300 366 424 and ask

for advice phone back assistance. An adviser will then contact you at a

pre-arranged time to discuss your problem.

There is also a telephone advice service available for information and referrals

from Monday to Friday, 9.00am - 4.30pm. Contact the Legal Services

Commission on 1300 366 424.


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WHERE YOU CAN GO FOR ASSISTANCE

COUNSELLING

ANGLICARES LOSS AND GRIEF CENTRE

Provides a counselling service for people experiencing grief from all kinds of losses,

including bereavement, for a small fee.

Telephone: (08) 8301 4200

Email: [email protected]

Website: www.anglicare-sa.org.au

ANGLICARES STAR BEAR PROGRAM

Provides support to children aged between 5 and 16 who are grieving the loss of a

parent, sibling or carer. The program provides children with a weekend camp

conducted by trained mentors and carers.

Telephone: (08) 8301 4208

Email: [email protected]: www.anglicare-sa.org.au

AUSTRALIAN PSYCHOLOGICAL SOCIETY LTD

Provides assistance in finding a suitable private practice

fee-for-service psychologist.

Telephone: 1800 333 497


Website: www.psychology.org.au

CENTACARE CATHOLIC FAMILY SERVICES

Delivers services, including counselling, regardless of religion, race, culutral oreconomic circumstance.

Telephone: (08) 8210 8200


Website: www.centacare.org.au

KIDS HELP LINE

Provides a free, confidential and anonymous telephone and online counselling

service specifically for young people aged between 5 and 25.

Telephone: 1800 551 800

Email: [email protected]: www.kidshelp.com.au

LIFELINE

Provides a 24-hour telephone counselling service.

Telephone: 13 11 14


Website: www.lifeline.org.au

NUNKUWARRIN YUNTI OF SA

Provides community support services including grief counselling to Aboriginal and

Torres Strait Islander people.

Telephone: (08) 8223 5217

Website: www.nunku.org.au


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UNITINGCARE

A range of community services by the Uniting Church including grief counselling.

Telephone: (08) 8202 5190


Website: www.ucwesleyadelaide.org.au

SUPPORT

COMPASSIONATE FRIENDS, SOUTH AUSTRALIA

Provides grief support for parents and families following the death of a son,

daughter, brother or sister.

Telephone: (08) 8351 0344 (24 hour message bank)


Website: www.compassionatefriendssa.org.au

SALVATION ARMY CRISIS HELP

Provides practical assistance and crisis support.

Telephone: Adelaide: (08) 8227 0199

Arndale: (08) 8445 2044

Campbelltown: (08) 8365 2301

Elizabeth: (08) 8255 8811

Mount Gambier: (08) 8725 9900

Noarlunga: (08) 8382 1600

Norwood: (08) 8332 0283

Peterborough: (08) 8651 3155

Port Lincoln: (08) 8682 6724Whyalla: (08) 8645 7101

Website: www.salvos.org.au

SHAREGRIEF

Provides on-line grief support, education and resources via email to the bereaved

from all over the world.

Website: www.sharegrief.com

SOLACE ASSOCIATION

Provides support to those grieving over the death of a partner.

Telephone: (08) 8272 4334Email: [email protected]

Website: www.solace.org.au

VOICE OF INDUSTRIAL DEATH (VOID)

Provides support and advocacy to people who have lost loved ones to

workplace death.

Telephone: (08) 8524 6879


Website: www.void.org.au


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ON-LINE INFORMATION

BEYOND BLUE

Provides on-line information about depression and anxiety.

Website: www.beyondblue.org.au

GRIEFLINK

Provides on-line information resources on death-related grief. This site is

South Australian and provides information about support services and activities

specific to this State.

Website: www.grieflink.asn.au

SERVICE SA

Provides practical on-line information and advice about dealing with death and

grief, under the Life Events section of its website.

Website: www.service.sa.gov.au

FINANCIAL SUPPORT AND INFORMATION

CENTRELINK

Provides assistance to help people to become self-sufficient and supports people

in need.

Telephone:13 23 00

(for people who are not employed and aged over 65)

13 28 50

(for people who are not employed and aged under 65)

13 27 17(for people who are not employed and have a disability) .

Website: www.centrelink.gov.au

FAMILIES SA

Provides free, confidential financial counselling for people finding it hard to make

ends meet.

Telephone: (08) 8226 8800 (General Enquiries) or

13 16 11 (Emergency Crisis Care)


Website: www.familiesandcommunities.sa.gov.au

People who have recently experienced the death of a family member and are

facing financial hardship, may be eligible to receive financial assistance to cover

the costs of a basic funeral and other related expenses.

Telephone: 1300 762 577

Website: www.familiesandcommunities.sa.gov.au/financial


25/28


WILLS

PUBLIC TRUSTEE

Provides a range of services related to wills and estates and can act as an executor

or administrator of an estate, for a fee.

Telephone: (08) 8226 9200

Email: [email protected]: www.publictrustee.sa.on.net

SERVICE SA

Provides information and advice about wills, grants and probate under the Life

Events section of its website.

Telephone: 13 23 24

Website: www.service.sa.gov.au

SUPREME COURT OF SOUTH AUSTRALIA

Provides information about probate.

Telephone: (08) 8204 0476Website: www.courts.sa.gov.au/courts/supreme/index.html

LEGAL ASSISTANCE

ABORIGINAL LEGAL RIGHTS MOVEMENT INC

A non-profit organisation which provides a free legal service to Aboriginal people

and their dependants.

Telephone: (08) 8113 3777 or 1800 643 222


Website: www.alrm.org.au

LAW SOCIETY OF SOUTH AUSTRALIA

Provides free or low cost assistance with basic legal questions.

Telephone: (08) 8229 0222


Website: www.lssa.asn.au

LEGAL SERVICES COMMISSION OF SOUTH AUSTRALIA

Provides free assistance with basic legal questions as well as low cost legal aid in

certain circumstances.

Telephone: 1300 366 424

Website: www.lsc.sa.gov.au

VICTIM SUPPORT SERVICE

Provides a range of services for people who have suffered as a result of a

criminal offence.

Telephone: (08) 8231 5626 or 1800 182 368 for regional callers.


Website: www.victimsa.org


26/28


OTHER USEFUL CONTACTS

BUSINESS SA

Delivers a wide range of integrated help and information services to business.

Telephone: (08) 8300 0000 or 1800 088 105

Website: www.business-sa.com

INDUSTRIAL RELATIONS COURT

Provides information about the court aspects of the prosecution process.

Telephone: (08) 8207 0999

Website: www.industrialcourt.sa.gov.au

SAFEWORK SA

Investigates workplace safety incidents, and administers all occupational health,

safety and welfare legislation in South Australia.

Telephone: 1300 365 255 or (08) 8303 0400 for mobile and interstate callers.

Email: [email protected]: www.safework.sa.gov.au

SA UNIONS

Provides various information, assistance and services to union members.

Telephone: (08) 8279 2222


Website: www.saunions.org.au

STATE CORONERS COURT

Provides information about the coronial process. It also offers a free counselling,

information and support service provided by experienced social workers.Telephone: (08) 8204 0600


Website: www.courts.sa.gov.au/courts/coroner/index.html

WORKCOVER CORPORATION SA

Provides services to rehabilitate, compensate and return injured workers to the

workplace and community.

Telephone: 13 18 55


Website: www.workcover.com

WORKING WOMENS CENTRE

Assists working women who are not members of a union.

Telephone: (08) 8410 6499 or 1800 652 697


Website: www.wwc.org.au


27/28


28/28

SAFEWORK SA

HELP AND EARLY INTERVENTION CENTRE

100 Waymouth Street, Adelaide

HELP CENTRE

Telephone: 1300 365 255 or (08) 8303 0400 for mobile and interstate callersEmail: [email protected]

To report all serious workplace accidents and incidents telephone 1800 777 209 (24 hour service)

LIBRARY

Telephone: (08) 8204 8877Facsimile: (08) 8204 8883Email: [email protected]

BOOKSHOP

Telephone: (08) 8204 8881 or (08) 8204 8882Facsimile: (08) 8204 8883Email: [email protected]

Opening hours from 8.30am - 5.30pm,

Monday to Friday (the Help Centre

closes at 4.15pm on Wednesdays)

HEAD OFFICE

Level 3, 1 Richmond Road, Keswick

GPO Box 465, Adelaide, SA 5001

DX 715, Adelaide

COUNTRY OFFICESBERRI

30 Kay Avenue, BerriPO Box 346, Berri SA 5343Telephone: (08) 8595 2199

MOUNT GAMBIER

Level 1, 11 Helen Street, Mount GambierPO Box 871, Mount Gambier SA 5290Telephone: (08) 8735 1199

PORT LINCOLN

Civic Centre, Suite 10, 60 Tasman Terrace, Port LincolnPO Box 2862, Port Lincoln SA 5606Telephone: (08) 8688 3057

PORT PIRIELevel 1, 104 Florence Street, Port PiriePO Box 462, Port Pirie SA 5540Telephone: (08) 8638 4777

WHYALLA

15-17 Horwood Street, WhyallaPO Box 696, Whyalla SA 5600Telephone: (08) 8648 8733

To speak to SafeWork SA in a language other than English, contact the Interpreting andTranslating Centre on (08) 8226 1990 and ask them to contact SafeWork SA. This interpreting

service is available at no cost to you.

www.safework.sa.gov.au

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